ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

Senate: ED DP 5-2-0-0 | 3rd Read 16-14-0-0

House: ED DP 8-0-2-0

SB 1013: colleges; universities; free speech zones

Sponsor: Senator Kavanagh, LD 3

House Engrossed

Overview

Allows a person to engage in expressive activity in any area on a public university or community college campus where they are lawfully present. Modifies the state aid amounts to be withheld from a community college district (CCD) that exceeds its expenditure limitation in FYs 2024 and 2025.

History

Free Speech on Public University and Community College Campuses

Subject to reasonable time, place and manner restrictions, a public university or community college may not limit any area on campus where free speech may be exercised nor restrict a student's right to speak in a public forum. If a public university or community college imposes restrictions on the time, place and manner of student speech that occurs in a public forum and that is protected by the First Amendment, the restrictions must meet prescribed statutory criteria.

A person who is lawfully present on a public university or community college campus may protest or demonstrate, though a faculty member is not prohibited from maintaining order in the classroom. Statute declares that individual conduct that materially and substantially infringes on the rights of others to engage in or listen to expressive activity is prohibited and subject to sanction (A.R.S. §§ 15-1864, 15-1865).

The Arizona Board of Regents and each CCD must adopt a free expression policy containing specified statements and requirements. Public universities and community colleges may restrict student expression only for expressive activity that is not protected by the First Amendment as outlined in statute (A.R.S. § 15-1866).

CCD Expenditure Limitations and Penalties

The Economic Estimates Commission must annually determine each CCD's expenditure limitation by adjusting FY 1980 local revenue expenditures to reflect changes in student population and the cost of living. A CCD governing board may not authorize local revenue expenditures in excess of the expenditure limitation unless authorized to do so by law (Ariz. const. art. IX, sec. 21). The following state aid amounts must be withheld if a CCD exceeds its expenditure limitation:

1) an amount equal to the excess expenditures if the excess expenditures are less than 5% of the limitation;

2) an amount equal to triple the excess expenditures if the excess expenditures are 5% or more but less than 10% of the limitation, or are less than 5% of the limitation but it is at least the second consecutive instance of excess expenditures; and

3) the lesser of an amount equal to five times the excess expenditures or 1/3 of the CCD's state aid allocation if the excess expenditures are 10% or greater of the limitation (A.R.S. § 41-1279.07).

Provisions

Free Speech on Public University and Community College Campuses

1. Specifies a person who is lawfully present on a public university or community college campus may engage in expressive activity in any area where they are lawfully present. (Sec. 1)

2. Adds that a public university or community college is not prohibited from regulating economic activity on its campus. (Sec. 1)

3. Prohibits a public university or community college, subject to reasonable time, place and manner restrictions, from limiting any area on campus where free speech may be exercised by a lawfully present person. (Sec. 2)

CCD Expenditure Limitations and Penalties

4. Replaces the state aid amounts prescribed by statute that are to be withheld from a CCD that exceeds its expenditure limitation in FYs 2024 and 2025 with the following amounts:

a) $5,000 if the excess expenditures are less than 5% of the limitation;

b) $15,000 if the excess expenditures are 5% or more but less than 10% of the limitation;

c) $20,000 if the excess expenditures are 10% or more but less than 12% of the limitation; and

d) the lesser of an amount equal to five times the excess expenditures or 1/3 of the CCD's state aid allocation if the excess expenditures are 12% or more of the limitation. (Sec. 3)

5. Limits, to 1% of its budget, the maximum state aid amount to be withheld from a provisional CCD established before December 31, 2015, that is located in a county with a population of not more than 300,000 and that exceeds its expenditure limitation by 12% or more in FYs 2024 or 2025. (Sec. 3)

6. Contains a retroactivity clause of July 1, 2022. (Sec. 4)

Miscellaneous

7. Makes technical and conforming changes. (Sec. 1)

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11. SB 1013

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